HomeMy WebLinkAboutCity Council/PCDC Minutes 08/18/2003August 18, 2003 Vol. 39, Page 103
a~ALU ~ C: o Petaluma- C`al~ ~o~r~~a
9
SPECJAL IVIEET.IN,G OF TFIE PCDC/
~85a PETALU~A-A CITY COUNCIL
PCDC/City Council Minutes
Monday, :August 18, 2003 - 3:00 P.M.
Regular Nleefirig
2:00 P.M. -CITY COUNCIL CLOSED SESSION
1 CALL TO ORDER
2
3 A. Roll Calf
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5 Present: Members 'Harris, Canevaro, Healy, O'Brien, Mayor Glass,
6 Torliatt, Moynihan
7 PUB11C COMMENT
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9 There was no public comment.
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11 ADJOURN TO CLOSED SESSION
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13 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Govt. Code Section
14 54.957~(e)': Cify Clerk.
15 ® CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Pursuant to Government Code
16 §'54956.8. Property: Two Parcels Located on the 4000 Block of Lakeville Highway
17 (APNs O17=170-002 and 068-010-026). One Parcel ;Located Southwest of'the City's
18 Oxidation Ponds (APN 019-330-009). A. Small Portion of One Parcel Located at
19 3880 Cypress Drive (APN 005=090-062)', ;Negotiating Party: Michael
20 Bierman/Michael Ban. Under Negotiation' Price, fierms or Payment, or Both.
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22 3:00 P.M. - AFTERNOON SESS101V
23 CALL.TO ORDER
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25 A. Roll Call
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27 Present: Members Harris, Canevaro, Healy, O'Brien, Mayor Glass,
2$ Torliatt, Moynihan
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30 6. Pledge of Allegiance
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Vol. 39, Page 104 August. 18, 2003
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PUBLIC COMMENT
John Hanan,ia, Petaluma; addressed, the. ,City Council. regarding abandoned
vehicles in his neighborhood.
Alice Forsyth;. Petaluma, addressed the City Council regarding the upcoming
Waterfront Jazz Event.
Len Svinth; ,Petaluma; addressed the `City ,Council; inviting there to. the_
groundbreaking of the Petaluma Ecumenical Properties. (PEP) project..
REPORT OUT"OF CLOSED SESSL:ON.ACTIONS,TAKEN - No reportable action.
CITY .COUNCIL COMMENTS -There were none.
CITY MANAGER COMMENTS -There were none,.
AGENDA'CHANGES AND D'ELETIO:NS -.There were none.
PRESENTATIONS/PROCLAMATIONS
• Proclamatio:n Declaring. Septenbec 20; 2003 as Russdn River.Cleanup Day..
• Proclamation Proclaiming Petaluma as a Relay 1For Life Comrriun.'ity.
Accepted by Sharon Chicano.
• Presentation by the Petaluma River Authority :.Regarding Nhernorandum of
Understanding and Proposal for the Formalization of the Petaluma_ River
Authority (PRA) for the Mutual Benefit of the Main Stakeholders: o.f~ the
Petaluma River Waterway.
1. APPROVAL OF MINUTES`
A. City Council Minutes. of August 4, 2003.
Council, Member Healy requested that pogo 9, lime: J 7 reflect that it
was Council Member Harris who madethe corrirrient.
Council Member Torliatt requested that page T8 th~rou'gh 20;
relating to the issue of Appointments to Vacancies on City
commissions and Committees, reflect the individual votes fakes.
MOTION' to adopt the Minufes as-arnend'ed:
M/S Healy and;`O';Brien. CAR$IED UNANIMOUSLY'.
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August 18, 2003
APPROVAL OF'PROPOSED' AGENDA
Vol.. `39, Page 105
A. Approval of Revised Proposed .Agenda for Council's Special
Workshop on .August 25, 2003 :at, 7:00 p.m.
Council Member .Moynihan" requested that there be an item
added to discuss tfle status of :the. City's Budget during the evening
session. There was no support fr"om the balance of the City Council
to do so.
The City Council discussed and ..gave direction for the New Business
Items scheduled for the evening to be conducted at 4 p.m.
instead, and that an item to discuss the proposed casino project
held at the evening session.
MOTION to approve the Revised Agenda, as amended:.
M/S Torliatt and Healy. CARRIED UNANIMOUSLY.
B. Approval of Proposed Agenda for Council's Regular Meeting on
September 8, 2003.
MOTION to approve the proposed agenda:
M/S Torliatt and O'Brien. CARRI'fD UNANIMOUSLY.
COiVSENT CALENDAR
Council Member Moynihan requested that Items 3.F and 3.J be removed
from Consent for separate discussion..
Mayor Gla§s requested Items 3.H be removed from Consent for separate
discussion and public input;
Council Member Torliatt also requested Item 3.J be removed from
Consent for separate discussion.
MOTION to adopt the balarice of the. Consent Calendar:
M/S O'Brien and Healy. CARRIED UNANIMOUSLY.
A. Resolution 2003-162 N:C.S. Approving the Purchase of a `'Specialfy
Vehicle" for the Police Department. (Simms)
B. Resolution 2003-163 'fV.C.S.. Authorizing he Purchase of Two 2003
Ford Class-E Police Interceptor Pa#rohVehicles from Downtown Ford
Vol. 39, Page 106
August 18> 2003
1 to Replace a:;Patrol Car Destroyed in a Traffic Collision, and Provide
2 for Abandoned Vehicle Enforcement.: (Thomas)
3
4 C. ,.Resolution :2003-164 N.G.S. Approving :Acceptance of Federal AIP
5 (Airport"Improvement Program) 13 Grant in i~he Amount: of $486•,000;
6 to Use as a Funding Source ;for the Petaluma Municipal Airport
7 Hangar..Project. (Skladzien)
8
9 D. PCDC_.Resolution 2003-10 Updating Local Agency InYestment Fund
10 Authorization for Peta.'lurpa ~Community Development Commission
11 Officers to Deposit and Withdraw Funds (Tho'mas')
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13 E. Removed: See :New Business Item 5B.
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15 F. Resolution Authorizing :fhe Purchase of` Arriirnunition for fhe City of
16 Petaluma, .Police Department from Adamson. .Industries, in the.
17 Amount of $27,103.26. (Simms) Removed from the Consent
18 Calendar for separate: discussion..
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20 G. Resolution .2003-1:65 N.C.S. Amending fhe Classification and
21 Compensation. Plan ~ and... Establishing. Classification Description.
22 (Thomas)
23
24 H. Adoption '(Second, Reading;) of Ordinance: Authorizing.
25 Amendmenfs to Petaluma Municipal Cnde Section 11.40.060,
26 Parking on Street, or Alley in Excess of 72=.Hours. (Si'mms/Hood)
27 Removed from the Consent Calendar for separate discussion..
28
29 h Adoption (Second Reading) of Ordinance No. 2:1'60 N.C.S.
30 A'pptoving ,Rezoning: of Property to a Plarvned lJnif District 'for the
31 "G'atti" Subdivision: (;Moore/Robbe)
32
33 J. Resolution Authorizing the Gity Manager'to, Enter'Into an Agreement
34 with .Crawford, AAultari & Clark #or the Preparation of a
35 Comprehensive Development. Code, Ir.~cluding New Zoning,
36 Subdivision and Related Development Regulations. (Moore)
37 Removed from the Consent Calendar for sNparaae discussion.
38
39 Items Removed from Consent Calendar for Discussion:
40 _
41 F. Resolution `2003-1:66 N.C:S. Authorizing the Purchase of Ammunition for the
42 City .of Petaluma `Police Department from Adc~rnsgn Industr..ies in the
43 Amount of $27,103,26. (Simms)
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45 Council N[emberM'oynihan; questioned why this was a .Single source Did
46 and should less expensive. ammunition be used for practice rounds.
47 ,
August T8; 2003 Vol. 39, Page 107
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The Police Chief responded they .are reques"ting fio purchase a minimum
amount at a' reasonable price and fhat less~expensive ammunition doses
not function well in all weapons.
11AOTION to adopt the Resolution:
M/S Moynihan and O'Brien. CARRIED UNANIMOUSLY.
J. Resolution 2003-167 N.C.S. Authorizing the City `Manager to Enter Into an.
Agreement with Crawford, Multari & Clark -for the Preparation of a
Comprehensive Development Code, Including New• Zoning, Subdivision
and Related Development Regulations. (Moore)
Co "until Member`Torliatt clarified, with staff the public participation process
arid.. her desire to see a scoping session with the community prior to the
code being written.
Countil.Member Moynihan questioned if .fhe City got multiple bids. on this
project. Staff responded they did not. .Staff noted they felt this was a
reasonable cost based on comparisons with other work they are doing.
MOTION to adopt •the resolution:
M/S Torliatt and Healy. CARRIED BY THE FOLLOWING VOTE: -
AYES: Council Ivlemb,ers Harris, Canevaro, Healy, O'Brien, Torliatt
and Mayor Glass
NOES: Council Member Moynihan
~~
H. Adoption (Second Redding) of Ordinance No. 21 N.C:S. Authorizing
Amendments. to Petaluma Municipal Code Section 11.40.060, Parking 'on
Street or Alley in Excess of 72-Hours. (Simms/Hood)
Chief Simms went over the details of the proposed ordinance.
Public Input:
Gerald Moore, PetaWma, addressed the City Council indicating he
supports tightening of the ordinance. to get vehicles off fhe"s"treet'.
Spiros Karidis, Petaluma, addressed the Gity Council in support of the
ordinance. -
MOTION.to adopt the ordinance:.
M/S Torliatt and O'Brien. CARRIED UNANIMOUSLY.
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Vol. 39, Page 108
August 18, 2003
The .City . Council took a~ short recess gt 4 p. m.to 4; 05 p.. m. .Upon
reconvening, he Moyor; with Council;'s agreement,: took items out of order and
requested Item 5::A be heard ut'ahis ;time. -
5. NEW BUSINESS
A. ,Resolution 2003=1.68 'N.C.S. Naming the Proposed '.Park: dt the
.Magnolia Park Sife "Mannion KnoIL" (Cdrr)
.Co,uric'il Member Moynihan recused himself from ,participating in.
discussion and/or° voting on this item, stating: he represents the
property owner of Mannion .Knoll.:
Jim Carr; Director of Recreation and Parks~,.gave an gverview of the
proposal.
Dan Aguilar, Nlssi'on Valley Properties, made a presentation to
Joann Ferris of 'St. Vincent"s High School and student. Angelica
Pritchard.. He also noted. that :all schools that participated wou d
receive a gift of:$T,000 from his organization.
Council .Member Healy recommended and requested ''the
resolution. be amended to :.include the winning student's name..
MOTION to adopt the amended resolution:
M/S Healy and O'Brien.
AYES: ~ Council :Members: Harris, Canevaro, Healy', O''Brien>
- Torliatf and MayorG ass'
REGUSED: Council Member Moynihan
The Mayor fhen, with the agreemenf of. Council, took Item S.:C next.
C. Discussion and Policy Direction Concerning Reg"uldtion of Parking of
Oversized `and fVon='Motoriie-d Vehicles; (Simms/Fish)'
Chief.Simms gave an overview of the proposed regulations.
Public .Input:
Philip Ryan;. Petaluma, addressed the City Council, indicating, he
sees this as a way for'neigh'bors to be pitted against neighbors.
Jim Larsen, Petaluma, indicated his respect for the 72-h;our law and
noted he oft"en returns borne during the night and unloads his ,RV
the next day.
August 18, 2003 Vol. 39, :Page 109
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2 Larry' Thomas, Petaluma,. echoed comments by Mr. Larsen and
3 indicated his opposition to the ordinance.
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5 Spiros Karidis, Petaluma, addressed the City Council in opposition
6 to the ordinance.
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8 Joe Davis, Petaluma, addressed the City Council in opposition to
9 the ordinance.
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it Rene Shipley, Petaluma, addressed the City Council in opposition
12 to the ordinance.
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14 Ron Emanuel, Petaluma, addressed the City Council in opposition
15 to the ordinance.
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17 Tim Jasper, Petaluma, addressed the City Council as General Sales
18 Manager of Hansel RV Center. and stated his opposition to the
19 ordinance, noting there is a need to promote "family lifestyle" since
20 9/1 1. He noted regular sized vans create visual problems also.
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22 Cliff Elrich, Petaluma, addressed the. City Council in opposition to
23 the ordinance and indicated he pays taxes for the privilege of
24 using the street for parking.
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26 Park Harrington, Petaluma, addressed the City Council in.
27 opposition to the ordinance..
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29 Frank Simpson, Petaluma, addressed the City Council in support of
30 the ordinance.
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32 Jean Burnett, Petaluma, addressed the City Council in support of
33 the ordinance.
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3'5 Paula Butterworth, Petaluma, addressed the City ~ Council in
3b opposition to the ordinance.
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38 Frank Robin, Petaluma, addressed the City Council in opposition to
39 the ordinance.
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41 Michael Funk, Petaluma, addressed the City Council in opposition
42 to the ordinance.
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44 Michael Fugate, Petaluma, addressed the City Council in support of
45 the 72-hour ordinance, but in opposition to the proposed ban on
46 RV parking.
47
Vol. 39, Page 110
August 1$, 2003
1 Tim Christensen, Petaluma, addressed the City Council in
2 opposition to the ordinance, .
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4 Joanne Lubbers, Petaluma;. addressed the City Council in
5 opposition to :the ordinance:
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Tom Martin,. Petaluma, addressed. the City Council in opposition to
g the ordinance.
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Phil Grosse; .Petaluma, addressed the City Council in opposition to
it the ordinance:
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Peter Packs,: Petaluma, addressed the City Council in opposition to
14 -;the ordinance.
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Bonnie ,Merrill, Petaluma, addressed 'the City Council in opposi#ion
17 to the .orcinance.
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William Capps„ Petaluma, addressed the City Council in support of
20 the ordinance.
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- Edward Cox, Petaluma, addressed the City Council in opposition fo
23 'the ordinance.
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Patricia Delzell, Petaluma, addressed the. City Councif in opposition
26 to fhe ordinance..
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28 Mike Symons, Petaluma, addressed the City Council in opposition
29 to 'the ordinance. ,
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31 John Cilia, Petaluma, addressed the City Council in opposition to
32 the ordinance.
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34 John Hanania, Petdlurna, .addressed the City Council in support of
35 ~ the ordinance.
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37 Gerald IVloore, Pefdluma, addressed the Cify Council in support of
38 the ordinance. .
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40 Darolyne Merrill, Peta.lu.ma, addressed the City Council. in
41 opposition to the ordinance.
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43 Sharon. Mendels-on, .Petaluma, addressed the City Council. in
44 opposition to the, ordinance.
45 . .
4'6 :Phil Greschner, Petaluma, addressed the City Council :in support of
47 the ordinance.
48 -
Auguste 18,'2003
Vol. 39, Page 1 ] 1
1 The Mayor declared th,e public input process closed.
2 _
3 Council Member Torliatt thanked citizens for raising the issue in th'e
4 first place and commented on the progress already made due to
5 their input. She thanked the Police Department for trying to help
6 address the issue, as well as those residents that came to the
7 meeting today to voice their concerns. She continued by
8 indicating the need to address the 72-hour limit for parking and.
9 stated she feels fhe Council should. try that approach for a while.
10 She noted concerns about the proposed permit process and
11 .indicated there is not enough staff to enforce it. She added there
12 has been a problem with RVs ,being parked on streets for weeks on
13 end and there is a need to police your own neighbors, pointing out
14 'th`is is about respecting your neighbors.
15
16 Council Member Torliatt commented further that repeat offenders
17 are a major issue and' she feels those persons .should be targeted.
18 for bucking the system. She encouraged greater public awareness
19 of the issue .and stated concerns with the ingress and egress issues
20 as it relates to large RVs blocking views of drivers. She suggested
21 staff .review the possibility of having red curbs painted a't corneas
22 where this-seems to be an issue.
23
24 Council Member Canevaro co_mme-rated that it is apparent that.
25 something needs to be done, noting streets are not .made for RV
26 parking;. He supported: trying to keep people from abusing the
27 system and indicated public awareness is necessd"ry.
28
29 Council' Member Healy commented he felt the public input was
30 heartfelt on both sides. He indicated this is a quality of life issue
31 and there are some people. who abuse the system. He added
32 there does need fo be action taken on fhis issue, but to issue
33 permits would be cumbersome. He indicated he is looking for
34. something we can do that will :give the Police Department the tools
35 they need fo: enforce the rules, but not put an Undue. burden on
36 those that are being responsible; He suggested modifying the 72-
37 hour ordinance for boats 8~ RVs, `indicating courtesy notices cou)d
38 be issued and if the boat or RV is on the street anywhere in 72
39 hours, that it be cited.
40
41 Vice Mayor O`Brien fhanked the public for being here and agreed
42 there needs to be a solution t.o make this work. He agreed with
43 Council .Member Healy dbout the :72-hour violation. He indicated
44 perhaps RV dealers could come up with .spaces for storage of
45 public RVs. He stressed 'the need to work this issue out to the
46 advantage df everyone.
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Vol. 39, Page 112
August 18, 2003
C;ouncl Member .Harris. commented fhe process is too
cumbersome. He agreed: there. are few storage spaces availab.le.;
but stressed the ,need to enforce the: 72=hour parking .rule already
on the books; He suggested continuing to work toward an
ordinance that all can agree to.
.Mayor Glass indicated there is a Workshop in the works regarding
enforcement of the 72~ hour ordinance. He stressed the° need to
clean up `the streets and noted that no one. should have more
vehicles than parking spaces in front of their house.
Chief Simms noted he would meet with the City Manager and lay
outi a plan to further address, the issue, including on-street parking
-.
versus on-street storage, 'which will address the request to hold a
workshop on the issue.
Council.recessed of 5::35 p.m, to 5:45'p:m:
4. UtJFLNISHED B'USI'NESS
A. Resolution 2003-1.69 IV.C'.S. Authorizing City Manager o Amend
Professional Services ,:Agreement with Carollo Engineers for
Professional .Services In, 'Support of Development ofi the Water
Recycling fdcility Project. (Ban)
on> gave the staff
Margaret .Orr, Water Resources and Conservati
report and. recommended. approval of the; resolution.
Council .Member Redly c- lar;ified .the layout ,of Parcel A ancf access
around the wetlands, as well. as the bike path. He further clarified
there will be no public access: to the plant.
Council :Member Moynihan c.ommen:ted on the- oxidation ditch
and indca`t.ed i,t appears staff is moving away' from 'the original
ecological footprint of the. project. He continued by expressing
concern, with the lack.. of cost contro_Is with project m'anage,ment
and proposed a peerreview of the projec'f.
Council Member Healy commented on how they are trying to
avoid future ramp-ups in regulatory discharge requ.iremenfs and
commented that this~wll be a modern facility:
Council Member Torlatt commerted on the history of the project
and the privatization process,. She indicated her desire t`o stick "to
these timelines ~ an:d to get on with the project;: She. stated her
support for the re,desigri .because, it wauhd sa.v.,e money in the. long
run.
August 18, 2003 Vol. 39, Page 1 13
1
2 ~ Cou,ncil Mernb.er Canevaro clarified there had been a peer review
3 of the .project on two occasions:
4 ~ .' ~ ,
5 Council Memb:er.Moynihan commented that Santa .Rosa built with
6 5 times the capacity of tflis,project: He continued to stress. the need
7 for peer review and indicated this project will affect the ratepayers;
8 which are seniors and families.
9
10 MOTION to call for the question:
li
12 M/S O'Brien and Healy.. CARRIED UNANIMOUSLY.
13
14 Mayor Glass indicated he wou d be voting with the majority as this
15 project has gone through peer review on several occasions.
16
17 Council Member Moynihan indicated he couldn't support an
18 increase of $10 Million for a plant that now costs $100 .Million. He
19 stressed the need for representation for the ratepayers.
20
21 MOTION to adopt the Resolution:
22
23 M/S Healy and O'Brien. CARRIED BY THE FOLLOWING VOTE:
24
25 AYES: Council Members Harris, Canevaro, Healy, O'Brien,
26 Torliatt and Mayor Glass.
27
28 NOES: Council Member Moynihan
29
30 B. PCDC Resolution 2003-11 Discussion and Action Approving a
31 .Resolution Authorizing, a Change Order with Vila Construction for
32 Roofing Improvements to the Petaluma Depot and Appropriating
33 Additional Funds for the Petaluma', Railroad Depot Renovation
34 Project, Phase 1, Project No. 9040.- (Marangella)
35
36 Paul Macdngella, Director of. Economic Development; ..anal'
37 Redevelopment; presented th`e staff report and recommended
38 adoption of the PCDC'ReSolution:
39
40 Council Member Torliatt .clarifiedstaff would be coming back with
41 a report regarding the parking lot_bids in January 2004.
42
43 MOTION to adopt the Resolution:
44
45 M/S O'Brien. and- Harris.' CARRIED UNANIMOUSLY.
46
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Vol. 39, Page 1 14
August 1'$, 2003
1 5. NEW BUSINESS
2 .. 9~
3 B. PCDC Resolution 2003-12 Authonzin the .Issuance rind the Sale: of
4 Not to Exceed $3.0,000,000. Principal ~rnount of Petaluma
5 Community Development Commission Petaluma Community'
6 D:eveloprnent .Project Tax Allocation. abnds, Series 2003A;
7 Authorizing the Sale of. Such Borids on Certain Terms and Conditions'
8 Pursuant to a Compeftive Shce; Approving Preparation and
9 Distribution of 'fh,e Official, Statement, Au;thorizin'g Certain Other
10 Official. Actions 'in Conne:cti'on Therewi.fh and Making Benefit
11 Findings. (Thomas)
12
13 Bill Thomas, Finance Director, .gave the staff report and
14 recomrriended approval of'the proposed: Rfaolution.
15
16 .John Knox; Bond. Counsel,. clarified the bonds would be
17 competitively sold.
18
19 Staff also noted the' Council is .not locked into a particular list of
20 projects.
21
22 MOTION to :adopt the Resolution`
23
24 M/S 'Healy dnd Glass. CARRIED UNANIMOUSLY.
25
26 D. Report on Rule20A U.ndergrounding, jSkladzien)
27
28 Rick Skladzien, Director of Public Facilities and. Services, ..gave the
29 staff'report.
30
31 Council Member Healy .noted having attended the Underground
32 Utility Committee "Meeting and commented on the change. in
g g g of Bodega
33 priorities, i.e,, the.. e merit of ma nolia to a se merit
34 Avenue.g He alsg. ;comp el ted discussions ,are taking' place
35 regardin how Iar e of a r ro ect would be.feasible at this time.
36 .~
37 Council:. 11Aember Torliatt ~c.ommented that priorifies would not be
38 set at the upcoming 'meeting, bUt noted $2.6 M had been set=aside
39 for these types of projects. She added; they will, coordinate with
40 street reconsfructon and- street improvements and indicated she
41 looks forward to recommendations= coming back after th,e initial
42 meeting has been held.
43
44 Council Member Healy indicated he would give a full report back
45 to'the Council.,after'the'meeting. ~'
46
47 The City Council .adjourned at 6:,20 p:'m. and returned >~o C/osed Session..
August 18', 2003 Vo.l. -39; Page 115
1
2 EVfiVLNG SESSIOiV = 7:OO~P:M:_
3 CITY COUNCIL ONLY
4
5 CALL TO ORDER
6
7 A. Roll Call.
8
9 Present: Members .Harris, Canevaro, Healy, O'Brien, Mayor Glass,
10 Torliatf, Moynihan
11 B. Pledge of Allegiance
12 C. Moment of Silence
13
14 PUBLIC COMMENT
15
16 Stan Gold; Petaluma,. addressed the City Council regard'ing campaign. finance
17 .reform and indicated his support of the original ordinance and his opposition `to
18 the amended ordinance.
19
20 CORRESPQiVDENCE
21
22 There was none.
23
24 CO.UNCLL COMMENT AiVD LIAISON REPORTS
25 -
26 There were none.
27
28 CITY MANAGER COMMENTS
29
30 There were none.
31
32 PROCtAMAiIONS/PRfSENTATfON$
33
34 • Fire Department Presentation of Certificate of Recognition to Haley O wares.
3'5
3b • P;roclamdtion Celebrating Petaluma Ecumenical Properties (PEP) 25th.
37 Anniversary. Moved to the September 8, 2003 meeting.
38
39 • Proclaiming of September 2003 as Crime Fighting Month. -Accepted fy
40 Shazia Rangoonrala.
41
42 6. NEW BUSINESS
43
44 The Mayor requested Item 6. B ~be heord first.
45
46 B. Resolution 2003-1'70 IV.C.S. .Approving the ,Issuance by .the
47 Petaluma Community Deyelopment~ Commission of Not to Exceed
Vol. 39, Page 116 August 18, 2003
$30;000,000 in Tax :Allocation Bonds for tha Purpose of Financing
and Refinancing Certain Public .Improvements and Making Benefit
Findings. (Thomas) ,_ ~ .
.Bill 'Thomas, Finance Director, .gave: the staff report' and
recommended approval ~of'the. resolution.
M%S Torliatt and:'Moyningn, CARRIED UNANIMOUSLY.
A. Discussion and Request for ;Direction from The City Council
Regarding a ProposdC to 'B'an the Sales,, Use, and Possession., of all'
Fireworks in the City of Petdlurn~a: (Albertson]
Fire Chief: Chris Albertson gave the staff report and Michael Ginn,
Fire. Marshal,. went over fhe education anal enforeemen',f of the
proposed ordinance.
Council :Member Torliatf questioned and clarified City Attorney
costs for enforcement,
Police. Chief Tom :Simms stated his support for t;he total ban of
fireworks..
Nancee Tavares, Animal Services .Manager, addressed fhe City
Council regarding the affects of fireworks on .July 4th o:n dogs dnd
cats.
Public l'nput:
Beth Grimes, Pe#aluma, stated her support can the ban of fireworks.
..Bill Hammerman, P:etalumd, addressed the City Council, in supporf
of the. bran on firework's.
;Kathleen DePdolo, Petaluma,. addressed 'tfle City Council in support
~of the ban-on fireworks.
Gerald Moo"re, Petaluma, 'ad'dressed the City Council in support of
the ban o,n fireworks.
Michael Gough, Petaluma, addressed the City C'ou.ncil in `support of
the ban on fireworks:
lindadi Gregoria, ,Petaluma, addressed' the Cify Council in support
of the bdn on fireworks. ~':
Saris `and Kgy Ulibarri, :Retaluma, addressed t;he City Council iri
support of the'ban on fireworks.
August l 8, 2003 Vol. 39, Page "1.17
1
2 Dave 'Moran, Petaluma, addressed the City Council in support. of
3 the ban on fireworks.
4
5 Steve Terwilliger; Petaluma; addressed the City Council in support
6 of fhe ban on fireworks.
7
8 Skyler Timko, Petalume, addressed the City Council in support of
9 the ban on fireworks.
10
11 Bonnie McNamee, Petaluma, addressed the City Council in support
12 of the ban on fireworks.
13 _
14 Vern Losit, President of Sonoma County Fire Chiefs Association,
15 addressed the Council in support of the ban on fireworks.
16
17 Cherie Gerveis, Petaluma, addressed the City Council in support of
18 the ban on fireworks.
19
20 Phil Greschne; Petaluma, addressed the City Council in support of
21 fireworks and asked that the Police/Fire Departments enforce
22 current Caws.
23
24 Larry Finkel, Petaluma; addressed the City Council in support of
25 fireworks and asked Police and Fire to enforce current laws.
26
27 Steven Hegarty, Petaluma, addressed the City Council as President
28 of Pop Warner Football and in support of safe and sane fireworks.
29
30 Richard Sharke, Petaluma; addressed fhe City Council in support of
31 safe. and sane fireworks.
32
33 Fred Lambert, Petaluma, addressed the City Council in support of
34 safe and sane fireworks.
35
36 John Clithero, Petaluma, addressed the City Council as Vice
37 President of the Casa Grande Booster Club and in support of safe
38 and sane fireworks.
39
40 Katie Scherrman, Petaluma, addressed the City Council in support
41 of safe and sane fireworks.
42
43 Ryan Temb'orski, Petaluma, addressed the City Council in support
44 of the ban of fireworks.
4~5
46 Janice Ceder-Thompson, Petaluma, addressed the City Council in
47 support of the ban and use of illegal fireworks.
48
Vol. 39, Page 118
,August 18, 2003
1 Fire. Chief Tony ;Pini, Santa Rosa; addressed the City Council i'n
2 support of banning fireworks.
3
4 Bennis Revell; Revell Communications; addressed the City Council
5 in support of safe and same fireworks.
6
7 Brian, :Petro; Petro Family Fireworks, addressed the'City Council in
g support of sdfe and sane fireworks.
9
10 The Moyor declared public input om this issue closed.
11
12 The City Council recessed at 8:55 p. m. to 9.05 p. m.
13
14 Council Member Moynihdn commented that Petaluma. has a very
15 professional and proud Fire D.epartrnent. He noted he was hoping for
16 more, suggestions for compromise on 'this issue. He indicated h.e has a
17 hard time with eliminating the tradition of fireworks in the community and
18 miss his prior neighborhood festivities... He concluded by>stdtin,g he supports
19 the enforcement Ceps being taken and does not support an outright ban
20 of fireworks+in the community.
21
22 Council Member :Torliatt thanked all who gave input ,on the.. issue this
23 evening and thanked the Fire Qepartrnent for the fine job they have ,been
24 doing:, S,he commented on the good, education program regarding
25 fireworks and:; indicated illegal fireworks con"time to be a problem. She
2'6 stated she does. not believe banning firewo~ks'will take care of th,e `.illegal
27 use issue:.: She added clean up 'after the 4'h of July is an issue, as well: She
28 stated her willingness to continue the privilege of safe and sane fireworks.,
29 but atressed the need to be responsible and respective of neighbors~~. She.
30 .indicated; she would.: also be supportive- of the recommended proposals
31 from Nlr: Petro which included: .banning, of "Piccolo Petes," requiring staff`
32 training, 'increasing fines, -and publicizing fines for 'public education
33 purposes. She also noted the City Manager should have a chat with fhe
34 City Attorney re;gdrding the amount being charged forcita:tion-fees:
35
36 Vice Mdyor O'Brien thanked everyone for participating 'in the discussion
37 on this. issue.. He aeknoWCe.dged th.e majority support for not banning
38 fireworks and stated he is.sympathe-tie "to the gnirnal issues. He indicated
39 a strong desire to ban "Piccolo Pe:te`' type fireworks, but indicated he is
40 not supportive of banning safe and sane fireworks; as it provides funding
41 for many non-profits:
42
43 Vice- Mayor Q' Brien stated' his :desire to see more enforcement of .illegal
44 fireworks. and indicated his support for Mr. Petro's four recommendations
45 also..
46
August 18, 2003 VoL~39, `Page`1'19
1 Council 'Member Healy stated, after having weighed, all the information
2 tonight, he would still be willing to support the Fire Departments request to
3 ban. use of fireworks in the community -although he does have a soft spot
4 for sparklers: He continued 'by stating fhe Fire and .Police Departmen.fs
5 have inadequate tools to deal with what. is going on during 4t" of July
6 festivities. He stressed the City is very serious. about enforcement and there
7 needs to be better compliance. He .noted the. majority of Council seems
8 to be in support of safe and sane fireworks., but short of supporting them,
9 he would support the recommendations by Mr. Petro, except for the
10 increase :in fines, as he feels staff .has addressed the fines. He indicated
11 that perhaps the City Attorney should look into mandatory minimums for
12 violations.
13
14 Council' Member Healy continued by requesting staff to consider whether
15 enforcement beyond six teams (Police/Fire) is feasible; as well as consider
16 raising., .both fees to fund the additional teams. He concluded by
17 suggesting that people purchasing fireworks in Petaluma be required to
18 show a Petaluma I.D.
19
20 Council Member Canevaro commented he is a safe and sane fireworks
21 user and .does clean up after having used them. He stated his support of
22 additional enforcement measures.
23
24 Council Member Harris. noted. his apprecidtion for the struggle non-profits
25 have in raising funds, and acknowledged the Fire Department has a
26 compelling argument. He indicated he is not supportive of a total ban,
27 but would be supportive of a compromise.
28
29 May° or Glass stated he, would support the ban. He suggested having a
30 City-sponsored fireworks event, paid by the City, with non-profits
31 participating. Ne added if the City were going to continue with safe and
32 sane fireworks, he would support mitigating the use and° restric ing use of
33 fireworks to the 4t" of July only and ban all other times of use. He stated his
34 support for the four recommendations by Mr. Petro and would support
35 minimum pend(ties for violations.
36
37 Council Member Torliatf recommended, if that was the case, the fireworks
3'8 show should be held on the 4'" of July and not on another date.
39
40 City Council direction to staff was to bring back a ,proposal to address the
41 four recommendations submitted by Mr. Petro; further restrictions such as
42 - ce'quiring a Petaluma I.D. for purchases, restricting. fireworks to July 4 ONLY,
43 recommendations .regarding banning of "Piccolo Pete" type fireworks.
44 and stricter enforcement as well as fines.
45
4'6 City Council recessed vt 9: 30 p. m. to 9:40 p. m.
47
Vol. 39, Page 120
Auguste 18, 2003
2 7. UNFINISHED. BUSINESS,
3
4 A. Discussion' ahd: Directori on fhe Request for Proposdls for :Solid
5 W.gste/Garbage Confract. '('Biermah)
6
7 City° ManagerMike Bierman gave an..overview of the issue and
g introduced .Bob Hilton w.ha went: over fhe process.
City Council discussion e.ns.ue:d .regarding hiow there couYd be a
significant reduction in rages if the current frahchise agreemen_f was
extended and the 12FP revised and reissued..
~~
14
Council Member Toclidit expressed. a .desire to see emphases on a.
15 higher diversion rate.
16
17
Council .Member Moynihan indi`cat.ed his concern with. costs and
ig obtaining the lowesf bid.
19
20
City Council continued regarding diversion and what people may
21 want to pay to know they are 'doin`g the right thing; the, different
22 levels of service; quality of service an'd the. s~ptions available go the:
23 Council regarding this RFP:
24
25
Council Member Healy stated, the need, t.o come up with the
26 process thaf will bring'. this issue to a conclusion. He indicated his
27 primary concern is fhat we- meet the 50%~ diversion 'mandatory
28 target from the State of California: Beyond that', he is looking, for
29 quality service a.nd reas.ondble ,rages::: He added he will willing t,o
30 move, this forward. He indicated the `Council did accommodate
..~
31 the 'Morin folks -when, they came in and asked.. them 'to consider
32 out=of-county~waste~:dispos,al, sites. He stated there are. propos;dls on
33 the table that will meet the criteria that have been set out and will
34 provide a significang cost savings to the ra'tepdyers in `Petaluma ag
35 the time the current .contract expires. He: noted he sues no need in
36 penalizing our ratepayers by extending the current contract and',
37 feels we should have. 'a new contract in place: and ready to go
38 when the current contract expires. He c;onc uded that he se-es no
39 reason to do .anything other than to accept the proposals. dnd'
40 direcgstgff to .negotiate.,
42 Council .Member Moynihan tilted since cost is a 'rndjor factor it
43 seems t:o him 'that this hould be made -very clear in the::. He
44 indicated that perhaps ~a; longer-ter.,m contract, `i:e., 20-25 'yearn,
45 could resulg in lower rates for ratepayers.
46
47 Vice Mayor O'Brien indicated h`e would like to move fiorward, but
48 resolve the issues on the table. He added cost should not be .a
August 18, 2003
Vol'. 39, Page.121
1 determining factor and:. noted you have to look at `the big. picture,
2 including a food waste program.
3
4 City Manager° Bierman recommended extending the current
5 agreement, and revising and reissuing the RFP. He added diversion
6 programs could be added. He indicated his reluctance to extend
7 the term beyond 10 years. He "indica'ted he would rather look dt
8 providing land for competitiveness'. He would also hold fhe current
9 proposers to what they have submitted already. He .stated the
10 necessity to reissue and amend the current RFP. Council will,
it though, .need to revisit a couple ~of issues that another Council had
12 previously determined.
13
14 City Manager Bierman noted the current proposals are good
15 through the end of October and there is some validity to extending
16 the current agreement.
17
18 Mr. Bob Hilton, Consultant, suggested asix-month extension of the
19 c_ urgent contract.
20
21 Public Input:
22
23 Joe Garbarino, Mnrin Sanitary Service, addressed the City Council,
24 encouraging them to select a program that would bring the City
25 .into AB939 compliance. He stated there is a need for a facility to
26 be located in Petaluma. He commented on the benefits of
27 recycling and urged the Council to reopen the RFP and invited
28 them down to their facilities for a tour.
29
30 Mike Sangiacomo, Norcal Waste. Systems, addressed the City
31 .Council, rioting there is a .lot you can do to improve the
32 environment -suggesting there are better ways of doing things: He.
33 then gave an overview on how Norcal Waste Systems is different
34 from other agencies. '
35
36 Ernie Carpenter, Global Matericils, addressed the City Council
37 regarding the required "$50,000 "cash deposit: He stated' bidders
38 should have .fully .permitted facilities and should be in compliance
39 with current zoning codes. He commented on the importance of
40 commercial debris box recycling .and indicated there are no
41 structural problems that should keep the City from reaching 50%
42 diversion. He stated his support for d~ commercial debris box-
43 recycling program.
44
45 Janice Cader-Thompson; Pefaluma, addressed the City Council,
46 inquiring if the City will .be providing land. to whoever gets this.
47 contract. She -asked why a third company is coming into the
48 process now, and- agreed with Council Member Healy that this RFP
Vol. 39, Page 122
August,'18, 2003
1 process should move °forward..She `stated her opposition to the City
2 offering, land for a facility.
3
4 Rick Powell, North ..Bay Corporation;. addressed the City Council
5 regarding efforts to:.~reach a high diversion .rate. He, expande:d on
6 how his organization. would address ~thdt high. diversion goal and
7 indicated they' could provide low rates and guality service.
8
9 Public .input was :.closed ctt this time..
10
11 Council Member Canevaro supported. the City Manager's
12 recommendation and' suggested Council visiting the various
13 bidders" sites:.
14
15 Council Member'Torlidtf commented on the cash deposit versus a.
16 bond and asked. staff to review that :issue. <~he also requested staff
17 to look at if the bidders have fully permitted facilities. She would
18 like: to separate the bid on commercial debris boxes.
19
20 Vice AAayor O'Brien, commented on the merits of stopping by fh'e
21 various places of business unannounced.
22
23 Council Member Harris supported the City Mandger's
24 recommendation and supported the inclusion of the diversion
25 option.
26
27 Mayor Glass suppo"rued. the City Manager's recommendation,
2$ including extending the contract for six months.
29
30 Council Member Moynihan stated :after hearing the public input he
31 wouad aupport for moving; forward with the two bids submitted
32 rather than extending the current contract, He indicated he wou d
3.3 also support opening up the bid process for cornmerciaF debris
34 boxes but would no# support the need to bid on a higher diversion,
35 rate..
36
37 _ .,.
Council .Member .Healy" .agreed with Council Member Moynihan
38 and indicated by extending the existing contract it forces
39 ratepayers to;pay Higher rafes'. He also indicated ratepayers would
40 be premium prices fior higher' diversion ra;t:es. He indicated he is not
41 supportive of revisiting the daebris box' issua and wouad.. not like to
42 get into the 'business of locating a site within the City limits.
43
44 Mayor Glass cornme.nted it is not always about the rates. He
45 indicated diversion is impoc~tant fq hirn and stated. there is ,a
46 conse:n_sus of the Council to move forward with fhe City Manager's
47 recommendation to extend the current franchise agreement ,for six
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August' 1`8, 2003
VoL~39,.Page 123
months., and to revise and reissue the Request for Proposals (RFP)
based on comments made.
ADJOURN
The City Council Meeting was adjourned at 10:55 p.m. to the:Special Meeting set
for August 25, 2003.
David Giass, ayor
ATTEST:
G yle P rsen, City Clerk
*******